Commonwealth Numbered Regulations - Explanatory Statements

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ABORIGINAL AND TORRES STRAIT ISLANDER COMMISSION (ELECTION OF EXECUTIVE COMMITTEES) REGULATIONS (AMENDMENT) 1991 NO. 256

Statutory Rules 1991 No. 256

ISSUED BY THE AUTHORITY OF THE MINISTER OF STATE FOR ABORIGINAL AFFAIRS

Aboriginal and Torres Strait Islander Commission Act 1989

Aboriginal and Torres Strait Islander Commission (Election of Executive Committees) Regulations (Amendment)

The amendments of the Regulations were made under section 201 of the Aboriginal and Torres Strait Islander Commission Act 1989 (the Act).

The Act establishes a Regional Council for each of 60 regions in Australia.

The functions of Regional Councils are set out in Division 3 of Part 3 of the Act and in broad terms the Councils give Aboriginals and Torres Strait Islanders a say in the administrative decisions which will affect their lives by way of providing advice to the Aboriginal and Torres Strait Islander Commission on amongst other things the allocation of funds to their particular Region.

Section 127 of the Act provides for the election of members of the Executive Committee to each Regional Council and provides that elections under the section shall be conducted in accordance with the Regulations. Members of the Executive Committees are the Chairperson and other Executive Councillors.

Section 201 of the Act empowers the Governor-General to make regulations. Paragraph 201(2)(b) makes provision in relation to the conduct of elections for the purposes of section 127.

The Regulations provide a system of optional preferential voting for the conduct of elections of members of the Executive Committee after the first meeting of a Regional Council and after the next meeting of the Regional Council held after each anniversary of that first meeting.

The attached Statutory Rules would amend the Regulations to prescribe regulations for the purpose of sub-section 127(4) in respect of elections at other meetings of new Members of Executive Committees.

The Statutory Rules also amend the Regulations by providing for the conduct of recounts upon a candidate's request of ballot papers of any election of members of the Executive Committee.

They also provide for a technical amendment to Schedule 2 to the Regulations to ensure that a primary vote for an excluded candidate (the candidate with the lowest number of primary votes is excluded from the count) allotted to another candidate is regarded as a primary vote for that other candidate.

The amendments took effect from the date of notification in the Gazette.